Insurer again fails to block asbestos-related bankruptcy plan. Truck Insurance Exchange might have won a legal fight last year in the U.S. Supreme Court, but it turned out to be something of a hollow victory.
The U.S. Court of Appeals for the Fourth Circuit on Tuesday affirmed a lower-court decision that a Kaiser Gypsum bankruptcy plan that included an asbestos settlement trust was proposed in good faith. The appeals court ruled against Truck, which argued that the chapter 11 plan failed to guard against fraudulent or duplicative claims.
Last year, Truck successfully argued before the Supreme Court that it had legal standing to challenge the now-defunct cement maker’s bankruptcy plan, which sought to resolve claims over illnesses caused by asbestos. The high court sided with Truck, saying that as an insurer with a financial responsibility for bankruptcy claims, Truck was a “party in interest” that could object in the bankruptcy.
Then the Supreme Court sent the case back to the appeals court. In its opinion Tuesday, the appeals court said Truck offers “no evidence of the fraud it complains about.”
“Truck did not point to a single claimant that had sued Kaiser for asbestos-related injuries and then later filed claims for those same injuries with other trusts or private parties,” the opinion said.
The bankruptcy plan provided for an asbestos settlement trust funded with $49 million, and opened the door for claimants to pursue more money from Kaiser Gypsum’s insurance policies. –Becky Yerak
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